Question

Explain the following:

Five main features of Indian Bill of Rights.

Discuss the nature of Fundamental Rights enshrined in Part III of the Constitution of India.

Discuss the nature of Indian Charter of Fundamental Rights (Part III).

Answer 1

Main Features of the Indian Bill of Rights (Fundamental Rights):

1. Guaranteed by the Constitution: The Fundamental Rights are enshrined in Part III of the Indian Constitution and are legally binding. They serve as the cornerstone for protecting individual liberty and equality.
2. Justiciable in Nature: These rights are enforceable by the courts. If any Fundamental Right is violated, the individual can directly approach the Supreme Court or High Courts under Article 32 and Article 226, respectively.
3. Available to All Citizens (and in Some Cases, Non-Citizens): While most Fundamental Rights are available to all citizens, some (like the Right to Equality right to Life and Personal Liberty) are also available to non-citizens.
4. Subject to Reasonable Restrictions: Though Fundamental Rights are essential, they are not absolute. The State can impose reasonable restrictions on them in the interest of public order, security, morality, etc.
5. Promote the Idea of Equality, Liberty, and Justice: These rights aim to ensure the dignity of individuals by guaranteeing freedoms such as speech, equality before the law, religious freedom, and protection against exploitation and discrimination.